The Supreme Court of Justice of the Province of Buenos Aires (SCJPBA) confirmed the reduction of the alimentary quota that a magistrate must pay to his children, considering that the change of residence of his eldest daughter with him compensates the monetary contribution with higher care and assistance expenses. According to what the Argentine News Agency learned, the provincial maximum court rejected an extraordinary resource for inapplicability of law filed by the mother and ratified the Chamber's ruling that had established the alimentary quota at 28% of the parent's net income, decreasing the 35% set in the first instance. The in-kind compensation The SCJPBA's decision was based on the subsequent fact that the eldest daughter, who suffers from diabetes, decided to move in with her father after the initial ruling. The Court of Appeal had weighed this situation to reduce the quota. The high court endorsed the reasoning that 'that decrease in the monetary contribution has a strict correlate in an increase in the assistance duties derived from the greater time in which the minor will cohabit with her parent'. In this sense, it is considered that the father compensates for the decrease in the monetary contribution with greater care, expenses and the 'in-kind' contribution he makes by living with his daughter, including: In-kind contributions: Food expenses Care Supervision Daily attention. Health expenses: The father assumes the costs of the OSDE social security coverage for all his children Covers the specific expenses of the illness suffered by the eldest daughter (Type I, insulin-dependent diabetes). The ruling ratifies that parental responsibility and alimentary obligation are fulfilled both through the monetary provision and through personal care and in-kind expenses, which have an economic value that must be considered in the calculation.
